The first of this three-part series highlighted the importance of appointing the right Data Protection Officer. This second part focuses on how a DPO then supports organisations to implement and grow their privacy programmes. Every organisation is different, with needs varying depending on size, industry, and the jurisdictions in which it may process data. An external DPO can assess these factors, enhance or develop a robust privacy programme, and subsequently drive greater success by implementing and navigating the following:
Initial compliance assessment and gap analysis
Before implementing or refining a privacy programme, a ‘health check’ review is a necessary first step to ascertain an organisation’s current level of privacy compliance. The DPO typically kicks off implementation or strengthening of a privacy programme by carrying out a gap analysis to measure alignment of current privacy practices with the General Data Protection Regulation (GDPR) or other applicable regulations to identify any high-risk areas that require immediate attention. Organisations without an established privacy programme will benefit from end-to-end support from a DPO, while those with existing frameworks can refer to the findings of the ‘health check’ for ways to advance the organisation’s privacy programme.
Corporate governance
Strong corporate governance remains a key aspect of a mature privacy programme. A DPO is central to seamlessly integrating privacy principles into corporate frameworks and ensuring their application remains consistent across an organisation’s operations. Key interventions like the ‘three lines of defence’ risk management model strengthen data protection by promoting transparent decision-making, establishing clear accountability and facilitating effective escalation of data protection risks. Through regular reviews and proper assignment of responsibilities, organisations are vested with the mechanisms to proactively identify gaps, monitor privacy risks and respond to incidents effectively.
DPO registrations
In some jurisdictions, like the UK, organisations must formally register a DPO with the relevant supervisory authority, in this instance, the UK’s Information Commissioner’s Office (ICO). Likewise, Germany, Spain, and France mandate DPO registration with their respective data protection authorities. In doing so, organisations demonstrate transparency and accountability in maintaining dialogue with the regulatory bodies beyond mere legal compliance, with notifications and privacy-related concerns being dealt with accordingly by the DPO. However, this is not a necessary obligation in all jurisdictions, such as the United States, which takes a state level approach to personal data regulation; organisations are not required to formally register a DPO with federal or state authorities. It is therefore important to notify the DPO as to the jurisdiction(s) that your organisation operates in.
Records of Processing Activities (RoPAs) and Data Protection Impact Assessments (DPIAs)
The GDPR and other privacy laws include a wide range of mandatory procedures for organisations to follow. A mature data inventory involves regular reviews and updates with a centralised repository documenting all personal data elements, data retention policies and processing activities. A mature DPIA process may be necessary for projects with high privacy risks to individuals; organisations need to identify what data is collected, how it is used, where it is stored, who has access to it and how it is protected. A DPO ensures that DPIAs are conducted in a correct and timely manner, alongside integrating safeguards to mitigate risks.
DPO mailbox
Establishing a dedicated DPO mailbox for DPO queries creates a centralised hub for managing regulatory requests and complaints. In doing so, it supports transparency in the organisation by providing a clear point of contact for both internal and external communications with the DPO. A well-managed DPO mailbox enables organisations to streamline and efficiently manage the handling of Data Subject Rights Requests (DSRRs), potential data breaches and privacy-related inquiries. This ensures timely responses, compliance with legal obligations and facilitates the swift escalation of risks.
Training cross-functional teams on the role of privacy in the business
The GDPR and other privacy regulations encourage training for all staff involved in data processing operations or with access to personal data. A DPO helps build a comprehensive training and awareness programme to engender a commitment to privacy throughout the organisation. Providing strategic guidance for executives and targeted, role-specific training for teams with unique data processing requirements. Appointing the right external DPO early on can provide a wealth of expertise to configure a robust privacy programme from the start, beyond being a reactive legal requirement. Always consider how well a DPO can adapt to the evolving data landscape and support your organisation in implementing and continuously growing your privacy programme. Look out for the final part of our series in next month’s newsletter.
